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Part of book or chapter of book
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SSRN Electronic Journal
Article . 2015 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.1093/acprof...
Part of book or chapter of book . 2016 . Peer-reviewed
Data sources: Crossref
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Globalization's Law: Transnational, Global or Both?

Authors: Garcia, Frank J.;

Globalization's Law: Transnational, Global or Both?

Abstract

This essay argues that the numerous competing accounts of law’s globality can be usefully sorted into two rubrics, transnational law and global law. By distinguishing law as output and process from law as system and architecture, the essay argues that globalization’s law is both transnational and global, using the analogy to light’s simultaneous nature as wave and particle. After a brief inquiry into globalization and the relevant social and institutional dynamics affecting law, the essay explores “transnational law” and “global law” as conceptual responses to such changes. Accounts of transnational law are best understood as post-modernist socio-legal analyses of law’s contextual normativity, whereas global law accounts are more teleological and modernist, aiming to characterize the emerging valence and architecture of law in a global space. Both understandings are necessary, together with international and domestic law and global justice principles, for a complete understanding of law in a global space.

Country
United States
Related Organizations
Keywords

International Law, International Trade Law

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    influence
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
Green
bronze